DISPUTE Flashcards
(43 cards)
Disagreements between the parties involved in a contract.
Dispute
Construction disputes are not a __________ of contract but they may lead to it, a termination, or even claims threatening the contractor’s _________________.
breach, surety bond
A _________ of contract occurs when one party in a legally binding agreement fails to fulfill their OBLIGATIONS as outlined in the contract
breach
_______________ and ____________ often file liens when they don’t get paid.
subcontractor and supplier
A ______is a legal right or claim against a property by a creditor to secure the payment of a debt or obligation.
lien
Refers to a process through which two parties can come together and build a consensus to end the conflict.
Dispute Resolution
___________refers to a general agreement among a group of people. It doesn’t necessarily mean complete unanimity, but it implies that most members support the decision or can at least accept it, even if it’s not their first choice.
Consensus
Dispute Resolution can take many forms, such as _____________, ____________, or _______________.
negotiation, mediation, arbitration
is a term used to describe dispute resolution that do not involve going to court
Alternative Dispute Resolution
most informal method of dispute resolution, it involves direct discussion between parties to reach a mutually acceptable agreement.
Negotiation
involves a neutral third party, who facilitates discussion between parties to help them reach a resolution. It assists the parties in finding a common ground, collaborative approach, preserving relationships.
Mediation
More formal where a panel makes a binding decision on the dispute. Definitive resolution, complex disputes, specific rules and procedures.
Arbitration
involves someone who makes a decision based on the evidence presented, provide quick resolution, used in construction contracts
adjudication
resolving disputes through court system, time consuming and expensive
litigation
In this, the company defines the duties and obligations of the employer and employee.
Code of Discipline.
This is a predefined procedure that is specified in the labor contracts to be followed on case of any grievance.
Grievance Procedure
How to choose a dispute resolution method, 6 kaboowk
Type of Dispute
Parties involved
Jurisdiction
Time frame
The cost
The outcome
payment delays, interpretation issues
mediation
minor claims, schedule adjustments
negotiation
payment disputes, contract breach
arbitration
design/build PPS, change orders
Adjudication
negligence, structural failure
litigation
Disputes shall first be referred to the ______________________. Its decision shall be binding unless referred to arbitration within 28 days.
Dispute Adjudication Board
In construction, if negotiation fails, the parties shall submit the matter to mediation under the _________________________________ guidelines.
Construction Industry Arbitration Commission (CIAC).